Arrows/Drydens - claimform old Cap1 Credit Card 'debt'

[1penny]

Hello

 

A DCA has passed my account on to a firm of solicitors.

 

I started receiving threats of legal action

 

sent off a CCA request along with a postal order of £1 to the firm of the solicitors before a claim form was issued.

 

I have now received a standard template letter from the solicitors that states

that they have requested the documents from their client

and that they have placed the matter on hold.

 

They have also returned my postal order, requesting that I amend the payee to their client.

Is this a tactic just to frustrate proceedings ?

 

My CCA request was received by them prior to them issuing a court claim via Northampton,

which I have responded to and submitted my AOS.

 

I have also sent a CPR 31.14 request after receiving the claim form.

 

What should I do regarding the postal order for the CCA request ?

 

Should I amend the payee as requested and

send to the DCA with a cover letter along with a copy of my original CCA request

to their solicitors who have issued the claim

or is this unnecessary now that they have received my CPR request ?

 

I am aware of the deadline for submitting my defence.

 

Penny

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

 

please fill the above out and post here.

 

 

and name names please

 

 

t is a usual tactic to do this by a certain dca/sols

 

 

as you've received the claimform

the CCA goes to the claimant with a blank PO.

if you want to put their name as payee its upt you

there is no requirement to mind.

[dx100uk]

hows this going?

 

 

dx

[1penny]

Hello dx

 

Apologies for late response

 

 

Issue date of claim was 4/11/2014

particulars of claim :-

 

1.The claim is for the sum of £xx,xxx.xx in respect of monies

owing by the defendanton a credit agreement held by the defendant with*Capital One*(list acct number)

upon which the defendant failed to maintain payments

2. A default notice was served upon the defendant and has not been complied with

 

3. By virtue of sale agreement between Capital One and the claiment the claim vested in the claimant*

who has a genune commercial*interest. The defendant has been notified of the assignment letter.

 

What is the value of the claim? £11,695

 

Is the claim for a current or credit/loan account or mobile phone account? Credit Card

When did you enter into the original agreement before or after 2007? Before 2007 (2002) I believe

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim. Claim issued by Drydensfairfax on behalf of Arrow Global

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

Did you receive a Default Notice from the original creditor? I can’t remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments:- Lost my job

 

Was there a dispute with the original creditor that remains unresolved? Not sure

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? I can’t remember

 

I still have not received any further response to CCA or CPR 31.14 request

but did receive a text message requesting me to contact them

(I want all communication to be in writing)

 

CCA was sent prior to the claim being issued and CPR sent immediately after receiving the claim.

 

I have just under 2 weeks to submit a defence

so just waiting for further letters/documentation to be sent.

 

Apparently matter is on hold but I am aware that I need to ensure that I do not miss any court deadlines.

 

Penny

[dx100uk]

too right don't miss file date

 

 

can we have the Particulars of Claim please

left handside box on claimform

 

 

and the CCA has gone off to arrows yes?

[1penny]

Hi

 

Below are the particulars of claim :-

 

1.The claim is for for the sum of £xx,xxx.xx in respect of monies owing by the defendanton a credit agreement held by the defendant with*Capital One*(list acct number) upon which the defendant failed to maintain payments

2. A default notice was served upon the defendant and has not been complied with

3. By virtue of sale agreement between Capital One and the claiment the claim vested in the claimant*who has a genune commercial*interest. The defendant has been notified of the assignment letter.

 

CCA request was sent to Drydens but they returned the £1 postal order.I have sent the postal order now payable to Arrow along with copy of letter from Drydens and my original cca request.

 

CPR31.14 also sent to Drydens.

 

Penny

[1penny]

Well still no further response to either my cca request which was sent before the claim form was issued

or the CPR request sent after the claim was received.

Just a standard response mentioning matter is on hold.

 

I need to submit my defence next week.

 

I am looking at holding defence since I have received no paperwork to view that supports the claimants POC.

 

I have been searching the forums and want to submit correct defence.

 

Any pointers/advice would be greatly appreciated.

 

Penny

[dx100uk]

in most of the thread of this financial legal forum

 

 

or

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[dx100uk]

you need to file defence by 4pm Friday 5th dec

 

 

dx

[1penny]

Thanks dx

 

 

Things have been hectic this week and had a family funeral to attend today.

Will draft a defence tomorrow and post up ready to submit on Friday.

 

 

Still no further communication and I checked with the post office and postal order not yet cashed.

 

 

Reading other threads seems that this firm are poor at responding to cca/cpr requests.

 

 

They shouldn't be sending claim forms when they don't even have the paperwork to support their POC. Guess they are hoping that majority of claims can be won by default.

 

 

Appreciate your help so far.

 

 

Will post something up tomorrow evening.

 

 

Penny

[1penny]

Hello

 

Please could somebody confirm that the below defence will be ok to file :-

 

particulars of claim :-

 

1.The claim is for the sum of £xx,xxx.xx in respect of monies

owing by the defendant on a credit agreement held by the defendant with*Capital One*(list acct number)

upon which the defendant failed to maintain payments

 

2. A default notice was served upon the defendant and has not been complied with

 

3. By virtue of sale agreement between Capital One and the claimant the claim vested in the claimant*

who has a genuine commercial*interest. The defendant has been notified of the assignment letter.

 

What is the value of the claim? £11,XXX

Defence

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to an amount due under an agreement. The Claimant/Solicitor has failed to comply with my requests for any agreement or statements on which its claim relies upon.

3. Paragraph 2 is denied with regards to the Claimant serving a default notice in connection with the alleged contractual Agreement

4. Paragraph 3 is denied. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

Prior to the receipt of this claim I requested information by way of a Section 78 request.

I have yet to receive a response complying with the request.

To date they have failed to comply and remain in default.

On receipt of this claim I requested information pertaining to this claim by way of a

CPR 31.14 request. To date I have yet to receive a compliant response.

Therefore with the court’s permission the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

 

(b) show how the Claimant has reached the amount claimed for;

 

© show how the agreement was legally terminated to allow the claimant relief.

 

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

I need to file this by 4pm on Friday

Penny

Edited December 5, 2014 by Andyorch
Particulars added for cross reference

[oleg]

This is fine Penny. Just one tiny adjustment. Your point no.2: better to say "failed" rather than "refused". Yes I know it was in the version you lifted but it's not quite accurate is it?

[1penny]

This is fine Penny. Just one tiny adjustment. Your point no.2: better to say "failed" rather than "refused". Yes I know it was in the version you lifted but it's not quite accurate is it?

Hi Oleg

 

Many thanks for your response.

Yes agreed I will amend that point and submit

 

 

Penny

[AndyOrch]

It very much depends on which Solicitor is acting if its BC or Pestons...then they do refuse and put it in a written response....

 

Dont submit it just yet penny until I have checked it.

 

Andy

[oleg]

Hi Andy

 

I was going on the basis that so far Penny has received no response, which is a failure rather than a refusal. It just may not look good to a finnicky / trucculent judge to overstate an omission as a refusal - until they have actually done so [yes, à ja Restons et al].

 

Oleg

[AndyOrch]

Yes I accept that Oleg...a valid point...as you say as she has copied my defence from another thread ...most probably a BC/Pestons thread.

[1penny]

Hi Andy/Oleg

 

Many thanks for your responses and checking the above.

I will go ahead and submit.

Have a good weekend.

 

Penny

[AndyOrch]

Defence checked...just a slight alteration on 3 with regards to the DN.

 

Andy

[1penny]

Defence checked...just a slight alteration on 3 with regards to the DN.

 

Andy

 

Thanks Andy

 

So all good to go as per post 10.

Just need to change refused to failed per point 2

 

Penny

[AndyOrch]

Yes Penny ...good to go

[1penny]

Submitted this afternoon.

 

many thanks

 

Penny

[oleg]

Well done. You can breathe out now. Don't lose your mcol log in details.

[1penny]

Hello

 

 

Out of curiosity I logged into MCOL this weekend.

 

 

I was able to log in but couldn't go any further.

 

 

Under claim number heading it says unsubmitted claim ?

 

 

Does this mean anything ?

 

 

I know I filed my defence on time on Friday

 

 

Probably worrying for nothing but want to be sure everything is in order.

 

 

Regards

 

 

Penny

[1penny]

Just to update this thread.

Claim has been stayed.

[dx100uk]

hey well done.

 

 

dx